USING SOUTH AFRICAN LAW DRAFT THE FOLLOWING REQUIRED PARTICULARS OF CLAIM

You have been instructed to draft particulars of claim on behalf of Mineco (Pty) Limited (Mineco") based on the instructions set out below.

1. The following facts are conveyed to you: 1.1. Mineco owns a coal mine in Middelburg. It needed to transport 1OOO tons of coal from its premises in Middelburg to a storage facility at the Durban harbour for onward delivery to one of its customers in Hong Kong;

1.2. Ms Sadu Prudence, an employee of Mineco was responsible for making the necessary arrangements and on the 5th of January 2013, she telephoned Mr Molefe of A-Z Transport (Pty) Ltd ("A-Z Transport") and requested him to transport the 1OOO tons of coal from Mineco's premises in Middelburg to the storage facility at Durban harbour;

1.3. Ms Prudence also telephoned a Mr Z Bezuidenhout at Safe Storage Warehousing (Pty) Limited ("Safe Storage") on the 5th of January 2013 to arrange for the coal that was to be delivered by A-Z Transport to be stored at its warehouse at the Durban harbour before being loaded on to a ship for shipping to Hong Kong

1.4. Ms Prudence subsequently, on 6th of January 2013, sent an email to Mr Molefe confirming their telephone conversation. In her email she confirmed the tonnage of 1000 tons to be delivered, the rate at which Mr Molefe had agreed to deliver the tonnage, which was R25 per ton, and the date on which it was to be picked up, which was 10 of January 2013;

1.5. Ms Prudence forwarded an email to Mr Bezuidenhout confirming their telephonic discussion. In this email, which was sent on the 6th of January 2013, Ms Prudence confirmed the tonnage to be stored and the rate of R 5 a ton which Mineco had agreed to pay;

1.6. The coal, weighing 1000 tons, was loaded on the 10th of January 2013 for delivery to Safe Storage's warehouse at Durban harbour. A load arrived at Safe Storage's warehouse on the 11th of January 2013;

1.7. However, it was only on the 14th of January 2013 that Safe Storage weighed the coal before it was placed on board a ship for onward shipping to Hong Kong and when Safe Storage ascertained that only 800 tons of coal were present;

Safe Storage immediately notified Mineco thereof who undertook an investigation and discovered that A-Z Transport had appointed Mr Zahra, the owner of Zahra's Deliveries, acting as an independent contractor, to transport the coal from Mineco' Premises in Middelburg to Safe Storage's warehouse at Durban harbour;

1.8. Mineco suspects that the 200 tons found missing on the 14th of January 2013 may either have been-. stolen by an employee of Zahra's Deliveries or by someone in the employ of Safe Storage or perhaps by both of them acting in concert with one another, or alternatively, by a third party whilst the coal was left unattended and unsecured;

1.9. The loss suffered by Mineco in respect of the 200 tons of coal was R1 million.

Required

Draft the particulars of claim on behalf of Mineco against A-Z Transport and/or other parties whom you consider there may be a cause of action against and who may thus be liable to Mineco for the loss it has suffered